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What Is Boat Accident Litigation?
Every year boating accidents result in a variety of injuries. These accidents are more serious than car accidents because there is no seat belt in place and the injuries are usually more severe.
Similar to a car accident lawsuit there must be evidence of negligence in order to get compensation. To show negligence, a lawyer must prove that someone has owed you a duty and violated it, causing your injury.
The cause of the accident
The first step after a boat accident involves ensuring everyone involved is secure and safe from immediate danger. Your lawyer will then gather all the information needed including the names and contact information of the persons involved in the accident as well eyewitnesses.
The next step is to conduct an extensive review of the circumstances that led to the accident. This will involve taking a look at evidence to determine what caused the accident, including any injuries or damages that may have occurred as by the collision.
Many boat accidents occur because of human mistakes. These mistakes can cause tragedy, regardless of whether the operator was distracted, driving at unsafe speed, drunk on the water, or simply making bad decisions during an unexpected emergency.
Other boat accidents occur because of mechanical problems or defective components. If the accident was caused by these types of problems, your attorney will determine if product liability is involved.
Still other boat accidents result in head trauma or drowning due to collisions with another vessel or other object. This can include falling overboard which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents can also be caused by collisions between boats and fixed objects, like piers, bridges or submerged rocks.
Damages
While the sum of money won't bring back loved ones who have been injured or killed in boating accidents and compensation may assist victims and their families to recover financial losses caused by the accident. A successful claim will be able to cover the cost of medical bills and lost wages due working hours taken off and other expenses.
Similar to car accidents, to recover damages from accidents involving boats victims must prove that the person who caused their injuries breached their duty of care and that this breach was the direct reason for their injuries. For instance an operator of a boat could violate this duty by operating their vessel under the under the influence of alcohol or speeding on the water.
Following a boating accident it is essential to gather as much information about the incident as you can. This includes obtaining the names and contact numbers for anyone who saw the accident occur and who can provide testimony. This will help you strengthen your case in court or when dealing with the insurance company of the party who is at the fault.
Injured victims may file lawsuits for product liability in addition to claims against the boat owner and operator. A lawyer who has experience in boating accidents could assist injured victims in determining whether the manufacturer is responsible. In cases where the government is responsible for creating danger on the water, it might be possible to bring an federal maritime claim against them.
Liability
In a negligence case the victim must prove that a third party's negligent actions led to their injuries. You must prove that the defendant owed you a duty of care, but violated this duty, and that their negligence was directly responsible for your injuries.
Anyone who is the operator of a vessel has a responsibility to ensure the safety and well-being of their passengers. This includes providing life jackets and making sure the vessel is water-tight and not operating at an excessive speed. If a boater violates this obligation and causes someone else harm the other party could be held responsible.
Mechanical failures can also be a leading cause of boating accidents. A defective engine, electrical system or gear shifts, for example, could cause a fatal boat accident. In these cases the New York boat accident attorney will look into the possibility of there is a product liability issue and hold the manufacturer responsible.
Victims of injury are entitled to claim past and future medical expenses that include ambulance service costs medical bills hospital treatment expenses as well as nursing services and the cost of medications. Victims of injuries can also claim lost wages, depending on their injuries and not able to return to work. You could also be entitled to compensation for pain and suffering that you experienced in the aftermath of the accident.
Statute of Limitations
When we refer to boat accident litigation as legal term that covers any watercraft incident that causes serious injuries. Similar to a car accident the calculation of damages and the identification of the parties responsible is a part of the compensation process. The process can take from months to years if it's necessary to bring a lawsuit against an insurance company.
Many boat accidents happen because of negligence. Negligence is defined as any action that fails to reflect the standard of care that reasonable people would have applied in a specific situation. It could be an accident with another boat accident attorney or a stationary object, or drowning death negligence can result in serious injuries, and even death.
Typically the victims of boat accidents have two years to start a civil lawsuit. Based on the law of the state and any special circumstances the deadline may be extended.
One common defense tactic employed by insurance companies is to claim that the plaintiff injured had a share of responsibility for their own injuries. Our NYC boat accident attorneys are determined to challenge these claims and limit the amount of responsibility attributed to you. This will ensure that you receive the highest amount of compensation. If the negligence of a government agency caused your injury and you were injured, a different set of rules will apply. These cases will typically involve the State of New York, and a knowledgeable attorney can assist in navigating these unique laws.
Every year boating accidents result in a variety of injuries. These accidents are more serious than car accidents because there is no seat belt in place and the injuries are usually more severe.
Similar to a car accident lawsuit there must be evidence of negligence in order to get compensation. To show negligence, a lawyer must prove that someone has owed you a duty and violated it, causing your injury.
The cause of the accident
The first step after a boat accident involves ensuring everyone involved is secure and safe from immediate danger. Your lawyer will then gather all the information needed including the names and contact information of the persons involved in the accident as well eyewitnesses.
The next step is to conduct an extensive review of the circumstances that led to the accident. This will involve taking a look at evidence to determine what caused the accident, including any injuries or damages that may have occurred as by the collision.
Many boat accidents occur because of human mistakes. These mistakes can cause tragedy, regardless of whether the operator was distracted, driving at unsafe speed, drunk on the water, or simply making bad decisions during an unexpected emergency.
Other boat accidents occur because of mechanical problems or defective components. If the accident was caused by these types of problems, your attorney will determine if product liability is involved.
Still other boat accidents result in head trauma or drowning due to collisions with another vessel or other object. This can include falling overboard which accounts for 70 percent of all deaths from boating reported in New York since 2005. These accidents can also be caused by collisions between boats and fixed objects, like piers, bridges or submerged rocks.
Damages
While the sum of money won't bring back loved ones who have been injured or killed in boating accidents and compensation may assist victims and their families to recover financial losses caused by the accident. A successful claim will be able to cover the cost of medical bills and lost wages due working hours taken off and other expenses.
Similar to car accidents, to recover damages from accidents involving boats victims must prove that the person who caused their injuries breached their duty of care and that this breach was the direct reason for their injuries. For instance an operator of a boat could violate this duty by operating their vessel under the under the influence of alcohol or speeding on the water.
Following a boating accident it is essential to gather as much information about the incident as you can. This includes obtaining the names and contact numbers for anyone who saw the accident occur and who can provide testimony. This will help you strengthen your case in court or when dealing with the insurance company of the party who is at the fault.
Injured victims may file lawsuits for product liability in addition to claims against the boat owner and operator. A lawyer who has experience in boating accidents could assist injured victims in determining whether the manufacturer is responsible. In cases where the government is responsible for creating danger on the water, it might be possible to bring an federal maritime claim against them.
Liability
In a negligence case the victim must prove that a third party's negligent actions led to their injuries. You must prove that the defendant owed you a duty of care, but violated this duty, and that their negligence was directly responsible for your injuries.
Anyone who is the operator of a vessel has a responsibility to ensure the safety and well-being of their passengers. This includes providing life jackets and making sure the vessel is water-tight and not operating at an excessive speed. If a boater violates this obligation and causes someone else harm the other party could be held responsible.
Mechanical failures can also be a leading cause of boating accidents. A defective engine, electrical system or gear shifts, for example, could cause a fatal boat accident. In these cases the New York boat accident attorney will look into the possibility of there is a product liability issue and hold the manufacturer responsible.
Victims of injury are entitled to claim past and future medical expenses that include ambulance service costs medical bills hospital treatment expenses as well as nursing services and the cost of medications. Victims of injuries can also claim lost wages, depending on their injuries and not able to return to work. You could also be entitled to compensation for pain and suffering that you experienced in the aftermath of the accident.
Statute of Limitations
When we refer to boat accident litigation as legal term that covers any watercraft incident that causes serious injuries. Similar to a car accident the calculation of damages and the identification of the parties responsible is a part of the compensation process. The process can take from months to years if it's necessary to bring a lawsuit against an insurance company.
Many boat accidents happen because of negligence. Negligence is defined as any action that fails to reflect the standard of care that reasonable people would have applied in a specific situation. It could be an accident with another boat accident attorney or a stationary object, or drowning death negligence can result in serious injuries, and even death.
Typically the victims of boat accidents have two years to start a civil lawsuit. Based on the law of the state and any special circumstances the deadline may be extended.
One common defense tactic employed by insurance companies is to claim that the plaintiff injured had a share of responsibility for their own injuries. Our NYC boat accident attorneys are determined to challenge these claims and limit the amount of responsibility attributed to you. This will ensure that you receive the highest amount of compensation. If the negligence of a government agency caused your injury and you were injured, a different set of rules will apply. These cases will typically involve the State of New York, and a knowledgeable attorney can assist in navigating these unique laws.
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